Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 5, 1 May 1996 — Judge puts ceded land sales on hold [ARTICLE]

Judge puts ceded land sales on hold

Circuit Judge Daniel Heely has rejected the state's request for immediate approva! to sell 1 .5 million acres of ceded land on Maui and the Big Island. The state had asked for a pretrial summary judgement to clear the way for the sales. Heely rejected the request, saying that he did not want to "close the courthouse door" to Hawaiians who believe that ceded lands should not be sold or transferred. He agreed with lawyers representing OHA and other Hawaiians opposed to any sale that the issue should be decided by a trial. "The court cannot overlook the importance of land throughout the state to the Hawaiian people and close the courthouse door by granting summary judgement so that they cannot even assert their claims," he said. Because of Heely's decision it will be impossible for the state to guarantee clear title to ceded lands until there is a trial and appeal, a process that could take years. OHA Chairman Clayton Hee said the ruling sends a message to the state that it should try to work with the agency and not against it.